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Collection deception

Lesley Fair
On classic episodes of the Tonight Show, affable sidekick Ed McMahon sought guidance from Johnny Carson's all-knowing Carnac character. But as demonstrated by a recent FTC law enforcement action — which involved a company's misleading reference to the late Mr. McMahon — you don't need a psychic to know that challenging deceptive debt collection practices remains a top priority. According to the complaint, defendants Luebke Baker & Associates, CEO...

What your ads say and what the science supports: If the shoe doesn't fit...

Lesley Fair
According to the FTC , Skechers made false and deceptive claims about the benefits of Shape-ups and other Skechers brands. If you’re in the fitness or health business, the $40 million settlement should grab your attention. But the underlying principles apply to all advertisers. If you're looking to get a leg up on substantiation, here are some footnotes to take from the case. Proving ground. To support their representations, advertisers must have...

FTC to Skechers: Shape up your ad claims

Lesley Fair
It’s usually Skechers promising to help people shape up. But this time, the shoe’s on the other foot. In a $40 million settlement announced by the FTC — part of a broader agreement that also resolves charges by state AGs — the agency is telling Skechers to shape up its claims for Shape-ups and other Skechers shoes. According to the FTC , through ads featuring celebrities like Kim Kardashian and Brooke Burke, Skechers made numerous false and...

Why the FTC's Myspace case matters to your business: Part 3

Lesley Fair
The terms of FTC law enforcement actions apply just to the company in question and the proposed settlement with social network Myspace for alleged privacy-related glitches is no exception. But how should other businesses respond? Some will scan the headline to make sure their company isn’t named and then do that fingers-in-the-ears la-la-la thing. But savvy executives know that understanding where another company might have gone wrong is a good...

A closer look at the Myspace Order: Part 2

Lesley Fair
Social network site Myspace promised users it wouldn’t share their personally identifiable information in a way that was inconsistent with the reason people provided the info, without first notifying them and getting their approval. The company also said that information used to customize ads wouldn’t identify people to third parties and that Myspace wouldn’t share browsing activity that wasn’t anonymous. But according to a lawsuit filed by the...

FTC's Myspace case: Part 1

Lesley Fair
Have you reviewed your company’s privacy policy lately? The FTC’s proposed settlement with social network Myspace serves as a timely reminder to make sure what you tell people about your privacy practices lines up with what actually happens in the day-to-day operation of your business. While you’re at it, double-check to make sure you’re giving customers the straight story about third-party access to their information. The Myspace case is the...

Does Hashing Make Data “Anonymous”?

Ed Felten, Chief Technologist
One of the most misunderstood topics in privacy is what it means to provide “anonymous” access to data. One often hears references to “hashing” as a way of rendering data anonymous. As it turns out, hashing is vastly overrated as an “anonymization” technique. In this post, I’ll talk about what hashing is, and why it often fails to provide effective anonymity. What is hashing anyway? What we’re talking about is technically called a “cryptographic...

Nightmare on Main Street

Lesley Fair
With a company name like Broadway Global Master, you might expect high kicks and jazz hands. The defendants told a dramatic story, all right — but according to the FTC, it was a harrowing tale of intimidation. The FTC’s lawsuit alleges the defendants collected “phantom” debts that people didn’t owe them or didn’t owe at all. Often claiming to be American law enforcement officials — like “Officer Mike Johnson" or a representative of the “Federal...

Data security & COPPA: RockYou like a hurricane

Lesley Fair
Are there hotter topics these days than data security and kids’ privacy? An FTC law enforcement settlement with the social networking site RockYou ticks both of those topical boxes and challenges a course of conduct the FTC says made it easier for hackers to access the personal information of 32 million users. The complaint also alleges the company collected info from kids in violation of the Children’s Online Privacy Protection Act. What was...

Network news

Lesley Fair
Through a series of recent law enforcement actions, the FTC has articulated what should be apparent: that truth-in-advertising principles apply to affiliate marketers and to the companies that use them to promote their products. A settlement announced today by the FTC makes a similarly obvious point: The law applies to affiliate marketing networks, too. According to the FTC’s complaint against IMM Interactive — people may know it as Copeac — the...